20180524_FDEP_Permit_No_0157891-021-BN_Tampa_Harbor.pdf

Florida Department of Environmental Protection

Bob Martinez Center

2600 Blair Stone Road Tallahassee, Florida 32399-2400

Rick Scott Governor

Carlos Lopez-Cantera

Lt. Governor

Noah Valenstein Secretary

May 24, 2018

U.S. Army Corps of Engineers Planning and Policy Attn: Gina P. Ralph, Chief 701 San Marco Blvd Jacksonville, Florida 32207 Gina.P.Ralph@usace.army.mil

Permit Modification No. 0157891-021-BN Supersedes Permit No. 0157891-011-EM, Hillsborough County Tampa Harbor Comprehensive Maintenance Dredging

Dear Ms. Ralph:

Your request to modify Permit No. 0157891-011-EM was received on March 5, 2018, and has been reviewed by Florida Department of Environmental Protection (Department) staff. The proposed permit modification is to authorize the disposal of dredged material containing greater than 10% fines, on Egmont Key, for the 2018 maintenance dredge event only. Additionally, the Department has reorganized the permit (such that specific conditions are grouped according to when they occur during the maintenance event i.e., pre-construction, during construction, post construction, etc.) and updated some of the Specific Conditions; including those related to water quality and the protection of listed manatees.

For clarity and comprehensiveness, this modification will contain the entire permit, including the Project Description, Project Location legal requirements and all permit conditions strikethroughs and underlines will not be utilized. This minor modification, hereafter referred to as Permit No.

0157891-021-BN, supersedes Permit No. 0157891-011-EM.

Permitting History On April 7, 2006, the Department issued Permit No. 0157891-009-EI to the U.S. Army Corps of Engineers (Corps) for maintenance dredging of the federally-authorized channels within Tampa Harbor and the Port of Tampa berths. That project, known as the Tampa Harbor Comprehensive Maintenance Dredging Project, combined many individually-authorized channel dredging and disposal projects under one permit. The project included maintenance of approximately 67 miles of channels and berthing areas, with several disposal options.

Notice of Permit Modification www.dep.state.fl.us

On June 16, 2005, the Department issued a minor modification of Permit No. 522363069 (Permit Modification No. 0157891-010-EM) to the Corps for maintenance dredging of the Egmont Federal Navigation Channel. The original permit did not include maintenance dredging of the Egmont Channel, although it did include material placement options both onshore and in the nearshore of Egmont Key. The modification was to allow maintenance dredging of Egmont Channel as a source of beach-quality material for placement on Egmont Key.

On September 12, 2006, the Department issued a major modification of Permit No. 0157891- 009-EI to the Corps. That major modification, thereafter referred to as Permit No. 0157891-011- EM superseded Permit No. 0157891-009-EI. The modified project included the Ft. Desoto Park shoreline and nearshore disposal site which is located, within the Boca Ciega Bay Aquatic Preserve, and Rock Disposal Area located north of Egmont Key, as additional authorized dredged material disposal areas. On October 9, 2006, the Department issued Variance No.

0157891-013-EV to the Corps. The variance was associated with Permit No. 0157891-011-EM and established an expanded turbidity mixing zone of 1,000 meters within the boundary of the Boca Ciega Bay Aquatic Preserve.

For additional background about the current permit and the associated variance, please see the Consolidated Notice of Intent to Issue a Major Modification to an Environmental Resource Permit, Variance, and Authorization to Use Sovereign Submerged Lands for Permit No.

0157891-011-EM located at the following link:

ftp://ftp.dep.state.fl.us/pub/ENV-PRMT/hillsbor/issued/0157891_Tampa_Bay_MD/011- EM/Intent/Notice%20of%20Intent%20(8-23-06).pdf

On July 21, 2006, the Department issued Permit Modification No. 0157891-012-EM to the Corps for the replacement of two 300-foot-long geotextile tube groin structures on the northwest end of Egmont Key, under Permit No. 0157891-011-EM.

On October 16, 2006, the Department issued Permit Modification No. 0157891-014-EM to the Corps for the rehabilitation of the existing groin located just north of the Gulf-side pier at the southern tip of Mullet Key, under Permit No. 0157891-011-EM.

On August 29, 2013, the Corps applied for a de minimis exemption (File No. 0157891-015-BE) to raise the dike on Spoil Island 3D. The application was later withdrawn.

On May 15, 2014, the Department issued Permit Modification No. 0157891-016-EM to the Corps for the placement of dredged fill containing greater than 10% fine material on the beach at Egmont Key, between Department reference monuments R-2 and R-10.

On November 7, 2014, the Department issued Permit Modification No. 0157891-018-BN to the Corps to remove the requirement for nighttime turbidity monitoring if the monitoring could not www.dep.state.fl.us be performed due to unsafe conditions, and to correct an error in Specific Condition 16 of Permit No. 0157891-011-EM.

On September 1, 2015, the Department issued Permit Modification No. 0157891-019-BN to the Corps to extend the permit expiration date of Permit No. 0157891-011-EM from April 7, 2016, to April 7, 2021.

Please note: Permit No. 0157891-017-BI, despite its similar number, is a separate permit for dredging in this area. That project is known as the Tampa Harbor, Big Bend Channel Expansion Project. That permit, which was issued on April 8, 2015, to the Corps, authorized the widening, deepening and then maintenance of the Big Bend portion of the Tampa Harbor Federal Navigation Project (including the Big Bend entrance channel, turning basin, inner channel and east channel), and the deepening of two non-federal berths located in the inner channel and east channel). Approximately 4 million cubic yards of material was to be dredged and deposited at Spoil Island 3D. On May 10, 2018, the Department issued Major Modification No. 0157891-020-BM, which Superseded Permit No. 0157891-017-BI. Permit No. 0157891- 020-BM authorized the construction of a channel widener at the northeastern corner of the intersection of the Turning Basin and East Channel, as well as an eastward extension of the East Channel.

Staff Assessment and Justification Maintenance dredging for navigational safety is necessary in Egmont Cut 1, Egmont Cut 2, and Mullet Key Cut. The 19% average silt content of the dredged material exceeds the maximum allowed for beach disposal of material derived from maintenance dredging in Rule 62B- 41.007(2)(k), F.A.C. However, placement of the dredged material on Egmont Key is in response to the State of Florida’s desire to stabilize and protect historic and archaeological resources on the key, and to provide nesting and foraging habitat for marine turtles and shorebirds. The placement of the dredged material on Egmont Key is more beneficial and economically viable when compared to placing the material in the nearshore or an upland disposal site.

Dredged material with a 15% silt content from the St. Petersburg Harbor Maintenance Dredging Project (Permit No. 0157891-003-DF) was placed on Egmont Key in 2000. In 2006 and 2015, dredged material was placed on Egmont Key and Fort De Soto beach from the maintenance dredging of Egmont Channel and Mullet Key Cut. Pre-construction and post-construction analysis conducted for the 2006 and 2015 dredging events indicated that the high silt content of the dredged materials did not result in a silt content higher than pre-fill levels following placement. Natural processes had removed the silt and returned the beach sand characteristics to the pre-fill conditions. The placement of this material onto the beaches of Egmont Key had no definitive adverse impacts on resources.

The average silt content of the material to be dredged from Egmont Cut 1, Egmont Cut 2, and Mullet Key Cut is approximately 19 percent, with Egmont Cut 1 containing a maximum silt www.dep.state.fl.us content of 90% silt. The majority of the silt based on 2018 borings is contained in Egmont Cut

1. The dredged material does not meet the criteria specified in Rule 62B-41.007(2)(k), F.A.C.

However, significant beach erosion threatens the historical and environmental resources on the key, and threatens the long-term existence of the key, such that beach placement of dredged material with a higher fines content is acceptable, and the deviation from the silt criterion is permissible pursuant to Rule 62B-41.007(3), F.A.C.

Sands with high silt content may impact successful marine turtle nest excavation, incubation, hatching, and emergence. Monitoring associated with the project will document the composition of the material in the nesting beach after fill placement and any changes in composition over time; the response of nesting females to the material; the hatching success of any nests deposited in the material; and the ability of hatchlings to emerge from their nests. If the monitoring indicates that impacts are occurring, the beach will be managed to mitigate these impacts through measures deemed appropriate. No seagrass, hardbottom, or dune habitat will be affected by the project.

As the waves remove the high silt content from the dredged material during and after placement, the suspended sediment will result in elevated turbidity levels. The highest turbidity levels are expected to occur during placement. The Permittee will monitor turbidity levels during construction and must meet the State’s water quality standard for turbidity.

The project description and the specific conditions shall be deleted and replaced with the language below (no strikethrough or underlines shall be used, and this document shall supersede 0157891-011-EM, as modified):

PROJECT DESCRIPTION

The project is to conduct maintenance dredging of the federally authorized channels within Tampa Harbor and the berths of the Tampa Port Authority. This project consists of approximately 67 miles of existing channels and berthing areas and the previously approved disposal sites. The channels to be maintained include:

• Egmont Bar Channel, Cuts 1-2 (sheets 2-4).

• Mullet Key Channel (sheet 4).

• Tampa Bay Channel, Cuts A, B, C, D, E, F, G, 1,1-2, and K (sheets 5-8).

• Gadsden Point Cut (sheets 7 and 9).

• Big Bend Channel (sheet 9).

• Hillsborough Bay Channel, Cuts A, C and D (sheets 9-10).

• Alafia Channel (sheet 10).

• Port Sutton Channel (Sheet 10).

• East Bay Channel, East Bay Extensions 1 and 2, Lower Sparkman Channel, Upper Sparkman Channel, Sparkman Channel, Ybor Channel and Seddon Channel (sheet 11).

www.dep.state.fl.us

The authorized dredged material disposal areas include:

Ocean Dredged Material Disposal Site (ODMDS) #4, (sheet 12).

Egmont Key shoreline and nearshore disposal sites (beneficial use sites) (sheet 13).

Ft. DeSoto Park shoreline and nearshore disposal site (beneficial use site) (sheets 18 &

19) Rock Disposal Area north of Egmont Key (sheet 18) Diked Construction Maintenance Disposal Areas 2D and 3D (sheet 15).

Upland disposal areas A, B, and C, and Bird Island (sheet 15).

In-water dredged holes (beneficial use sites).

• MacDill Runway Extension (sheet 14).

• McKay Bay (sheet 15).

• Whiskey Stump Key Holes 1 & 2 (sheet 15).

• Northshore Beach (sheet 14).

• Gandy Channel North (sheet 14).

The project also includes replacement of two geotextile tube groin structures on the north end of Egmont Key (sheets 16 & 17) and rehabilitation of an existing terminal groin located just north of the Gulf-side pier at the Southern tip of Mullet Key. The rehabilitation will consist of adding armor and chinking stone to raise the elevation of the groin from its current elevation of +1.0 foot NGVD to the originally authorized elevation of +3.0 feet NGVD and filling in any gaps to sand-tighten the structure. The final dimensions of the groin will be approximately 250 feet in length, with an L-shaped head extending 65 feet to the north and measuring 20 feet in width.

PROJECT LOCATION

The project is located in Hillsborough County (not sovereign submerged lands) and Pinellas County, within Tampa Bay, Hillsborough Bay and the Gulf of Mexico, Class III and Class II Waters, Conditionally-approved Shellfish Harvesting area, Pinellas County Aquatic Preserve, Boca Ciega Bay Aquatic Preserve, Outstanding Florida Waters.

Coastal Zone Management Issuance of this authorization also constitutes a finding of consistency with Florida's Coastal Zone Management Program, as required by Section 307 of the Coastal Zone Management Act.

Water Quality Certification This permit also constitutes water quality certification under Section 401 of the Clean Water Act, 33 U.S.C. 1341.

Other Authorizations You are advised that authorizations or permits for this activity may be required by other federal, state, regional, or local entities including but not limited to local governments or municipalities.

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This permit does not relieve you from the requirements to obtain all other required permits or authorizations.

The activity described may be conducted only in accordance with the terms, conditions and attachments contained in this document. Issuance and granting of the permit and authorizations herein do not infer, nor guarantee, nor imply that future permits, authorizations, or modifications will be granted by the Department.

PERMIT

The activities described must be conducted in accordance with:

• The Specific Conditions

• The General Conditions

• The limits, conditions and locations of work shown in the attached drawings

• The term limits of this authorization

You are advised to read and understand these conditions and drawings prior to beginning the authorized activities, and to ensure the work is conducted in conformance with all the terms, conditions, and drawings herein. If you are using a contractor, the contractor also should read and understand these conditions and drawings prior to beginning any activity. Failure to comply with these conditions, including any mitigation requirements, shall be grounds for the Department to revoke the permit and authorization and to take appropriate enforcement action.

Operation of the facility is not authorized except when determined to be in conformance with all applicable rules and this permit, as described.

SPECIFIC CONDITIONS:

SPECIFIC CONDITIONS - ADMINISTRATIVE

1. All reports or notices required herein, shall be electronically submitted to the

Department’s JCP Compliance Officer (e-mail address: JCPCompliance@dep.state.fl.us) unless otherwise specified in the specific conditions of this permit.

SPECIFIC CONDITIONS - PRIOR TO ANY CONSTRUCTION

2. Beneficial Use Dredge Disposal Sites:

a. At least 90 days prior to commencement of placement of material in the beneficial use sites at Egmont Key, Ft. DeSoto or the in-water dredged hole disposal areas, the Permittee shall submit for review and approval, a dredged material QA/QC Plan.

i. The plan(s) shall provide:

Assurance that the material to be placed along the shore, or in the nearshore, of Egmont or Mullet Keys during future events, meets the www.dep.state.fl.us criteria specified in 62B- 41.007, F.A.C., for the placement of dredged material. For the 2014 maintenance dredge event only, the dredged material to be disposed on Egmont Key may contain greater than 10% fines. Additionally, for the 2018 maintenance dredge event only, the dredged material to be disposed on Egmont Key may contain greater than 10% fines.

Assurance that material identified for placement sites within any Aquatic Preserve will be free from elevated levels of fines in order to minimize turbidity to the maximum extent practicable.

Assurance that any material to be placed within the dredged hole

(beneficial use) sites is free from elevated levels of metals or other contaminants and the sediment type is suitable to restore bay bottom contours and provide for re-colonization of estuarine habitat and organisms comparable to that of the neighboring bay bottom environments.

The QA/QC Plan(s) may be submitted in parts to address the individual beneficial use sites.

ii. Sediment quality, for the 2018 maintenance dredge event (with disposal in the Egmont Key beneficial use site) only, shall be assessed as outlined in the Sediment QA/QC Plan dated March 23, 2018 (attached). Any occurrences of placement of material not in compliance with the Plan shall be handled according to the protocols set forth in the Sediment QA/QC plans. The sediment testing result shall be submitted to the Department within 90 days following the completion of beach construction. The Sediment QA/QC Plan includes the following:

If during construction, the Permittee or Engineer determines that the beach fill material does not comply with the sediment compliance specifications, measures shall be taken to avoid further placement of noncompliant fill, and the sediment inspection results shall be reported to the Department.

The Permittee shall submit post-construction sediment testing results and an analysis report as outlined in the Sediment QA/QC Plan to the Department within 90 days following beach construction. The sediment testing results must be certified by a P.E. or P.G. from the testing laboratory. A summary table of the sediment samples and test results for the sediment compliance parameters as outlined in Table 1 of the Sediment QA/QC Plan shall accompany the complete set of www.dep.state.fl.us laboratory testing results. A statement of how the placed fill material compares to the sediment analysis and volume calculations from the geotechnical investigation shall be included in the sediment testing results report.

A post-remediation report containing the site map, sediment analysis, and volume of noncompliant fill material removed and replaced will be submitted to the Department within 7 days following completion of remediation activities.

b. The Permittee shall submit project design drawings in advance of implementing each beneficial use dredged material disposal option.

3. Pre-Construction Submittals. At least 10 business days prior to the date of the pre-construction conference for each maintenance dredging event to be conducted during the term of this permit, the Permittee shall electronically submit the following items to the Department’s JCP Compliance Officer (e-mail address: JCPCompliance@dep.state.fl.us) and send a copy to the Department’s Southwest District Office, (e-mail address sw_erp@dep.state.fl.us).

a. The final plans and specifications for this project, which must be consistent with the activity description of this permit and the approved permit drawings. The Permittee shall point out any deviations from the activity description or the approved permit drawings, and any significant changes would require a permit modification. The plans and specifications shall be accompanied by a letter or email indicating the project name, the permit number, the type of construction activity, the specific type of equipment to be used, the anticipated volume of material to be moved (if applicable) and the anticipated schedule. Further, the Permittee shall specify any anticipated sites that will be used (such as a disposal or re-use location) and appropriate contact information for those facilities. The final plans and specifications submitted under this condition must comply with all conditions set forth in this permit.

b. A copy of the contractor’s final details for environmental protection, including but not limited to:

i. The final details of the Marine Species Watch Program (MSWP), required for all in-water work activities conducted between November 1 and March 31 in the Big Bend and Port Sutton region, as detailed in Specific Condition 21.

www.dep.state.fl.us

ii. The final details for Marine Turtle Protection: A list of the names and permit numbers for the Marine Turtle Permit Holders, required if hopper dredging is utilized, as detailed in Specific Condition 25.

iii. The final details for Shorebird Protection: A list of Bird Monitors, with their contact information, summary of qualifications (including bird identification skills and avian survey experience), proposed locations of shorebird survey routes, and the locations of travel corridors.

4. Pre-Construction Conference. At least 7 days prior to commencement of each construction event, the Permittee shall conduct a pre-construction conference to review the specific conditions and monitoring requirements of this permit with Permittee's contractors, the engineer of record, the Contracting Officer (or designated alternate), those responsible for turbidity monitoring, the JCP Compliance Officer (or designated alternate), the Marine Turtle Monitor (Marine Turtle Permit Holder), the Bird Monitors, and staff representatives of the Florida Fish and Wildlife Conservation Commission (FWC). In order to ensure that appropriate representatives are available, at least twenty-one (21) days prior to the intended commencement date for the permitted construction, the Permittee is advised to contact the agency representatives listed below:

JCP Compliance Officer e-mail: JCPCompliance@dep.state.fl.us

Southwest District Office Permitting & Compliance/Enforcement e-mail: SW_ERP@dep.state.fl.us

FWC Imperiled Species Management Section email: marineturtle@myfwc.com

FWC Regional Species Conservation Biologist Contact list:

http://myfwc.com/conservation/you-conserve/wildlife/shorebirds/

DACS Division of Aquaculture Shellfish Harvesting Management South Gulf Office e-mail: Jillian.Fleiger@freshfromflorida.com

The Permittee is also advised to schedule the pre-construction conference at least a week prior to the intended commencement date. At least seven (7) days in advance of the pre-construction conference, the Permittee shall provide written notification, advising the participants of the agreed-upon date, time and location of the meeting, and also provide a meeting agenda and a teleconference number.

www.dep.state.fl.us

SPECIFIC CONDITIONS – CONSTRUCTION ACTIVITIES

5. If seagrasses are found adjacent to the in-water dredged holes or any dredged material placement site, the Permittee shall employ protective measures, such as turbidity curtains, to minimize the potential for adverse impacts to the maximum extent practicable.

6. During dredging and related activities, any anchoring operations to secure the dredge or equipment shall be conducted within the navigation channel or in areas where there are no seagrass, algal, hardbottom, or coral communities. No direct or secondary impacts are authorized to submerged aquatic vegetation, shellfish beds or hardbottom communities outside of the limits of the federally authorized channels. If any such impacts occur outside of the channel, the Permittee shall immediately report the damage to the JCP Compliance Officer and take corrective action to avoid any further damage. Within 30 days of any such damage, the Permittee shall propose a remediation/mitigation plan, which shall be implemented upon approval by the Department.

7. State water quality standards shall be met during dredging, loading, transporting, and discharge of dredge material, as well as the discharge of return water from dredged material containment sites.

8. During all maintenance dredging and disposal operations, turbidity levels shall not exceed the standards and mixing zone limits described in the Monitoring Required section of this permit. The maximum mixing zone allowed shall be a circle with a radius of 150 meters originating from the dredge, barge/scow, or discharge pipe, as appropriate. Turbidity shall be monitored as described in the Monitoring Required section of this permit. Water and dredged material shall not be permitted to overflow or spill out of barges/scows during transport to the disposal areas.

9. The following measures shall be taken by the Permittee whenever turbidity levels at the limit of the mixing zone exceed the standards described in the Monitoring Required section, pursuant to Rule 62-302, F.A.C.:

a. Immediately cease all work contributing to the water quality violation;

b. Modify the work procedures that were responsible for the violation; and

c. Notify the JCP Compliance Officer at JCPCompliance@dep.state.fl.us and the

DEP Southwest District Office at SW_ERP@dep.state.fl.us within 24 hours of the time the violation is first detected.

www.dep.state.fl.us

MONITORING REQUIRED:

10. Water Quality Sampling/Compliance

Units - Nephelometric Turbidity Units (NTUs)

Frequency Background: Equivalent to the corresponding Compliance Site Type.

Compliance Site Type 1 (where the mixing zone does not abut seagrass):

Twice daily at least 4 hours apart during all dredging, filling, or disposal operations. If overflow occurs from filling of hopper dredge, disposal barge or scow barge, then monitoring shall occur at least once during each loading event when the turbidity reaches the edge of the mixing zone.

Compliance Site Type 2 (where a shortened mixing zone abuts seagrass):

Hourly, when visual observation indicates a turbidity plume extends into areas containing seagrasses. If overflow occurs from filling of hopper dredge, disposal barge or scow barge, then monitoring frequency shall be increased to every 30 minutes during loading and up to 30 minutes after overflow has ceased.

Sampling shall be conducted while the highest project-related turbidity levels are crossing the edge of the mixing zone provided sea, wind, visibility, traffic and other conditions allow for the safe performance of the activity. The Permittee or contracted designee shall document all instances where turbidity monitoring within the bounds of the above parameters could not be performed due to unsafe conditions.

Since turbidity levels can be related to pumping rates, the dredge pumping rates shall be recorded, and provided to the Department upon request.

The compliance samples and the corresponding background samples shall be collected at approximately the same time, i.e., one shall immediately follow the other.

Location

Background: Sampling shall occur at mid-depth, at least 300 meters upcurrent from the dredge, fill, or disposal site discharge point and clearly outside the influence of any turbidity generated by this project or other obvious turbidity plumes.

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Compliance Site Type 1- Sampling shall occur at mid-depth, at the mixing zone boundary (150 meters from the edge of the active construction within waters/wetlands or point of discharge into waters/wetlands, but not beyond the edge of the nearest seagrass bed), downcurrent from the dredge or disposal site discharge point, within the densest portion of any visible turbidity plume.

Compliance Site Type 2- Sampling shall occur at mid-depth, within the densest portion of any visible turbidity plume, no more than 150 meters downcurrent from the dredge, fill, or disposal site discharge point, or 1 meter within the edge of seagrass areas closest to the construction activity (whichever is less).

Compliance Sites at Fort DeSoto Park Disposal Areas – Sampling shall occur at mid-depth, within the densest portion of any visible turbidity plume, no more than 150 meters offshore and 1,000 meters down-current from the point where runoff from the discharged slurry reenters the Gulf.

This expanded mixing zone is authorized by Variance No. 0157891-013- EV, and shall only be in effect as long as the variance is in effect.

Existing ambient water quality within the Boca Ciega Bay Aquatic Preserve (OFW) shall not be lowered as a result of the proposed disposal of dredged material, except on a temporary basis during construction within the restricted mixing zone approved by the Department, for a period of no more than sixty days.

Existing ambient water quality within the Pinellas County Aquatic Preserves (OFW) shall not be lowered as a result of the proposed disposal of dredged material, except on a temporary basis during construction within the 150-meter mixing zone approved by the Department, for a period of no more than thirty days, for each event. However, if the Permittee requests an extension of this 30-day period for a given event, and provides written justification that work cannot be completed within 30 days, the Department may grant written permission for continued elevation of turbidity within the 150-meter mixing zone for a specified period.

Calibration: The instruments used to measure turbidity shall be fully calibrated with primary standards within one month of the commencement of the project, and at least once a month throughout the project. Calibration with secondary standards shall be verified each morning prior to use, after each time the instrument is turned on, and after field sampling using two secondary turbidity “standards” that that bracket the anticipated turbidity samples. If the post-sampling calibration value deviates more than 8% from the www.dep.state.fl.us previous calibration value, results shall be reported as estimated and a description of the problem shall be included in the field notes.

Analysis of turbidity samples shall be performed in compliance with DEP-SOP-001/01 FT 1600 Field Measurement of Turbidity:

http://publicfiles.dep.state.fl.us/dear/sas/sopdoc/2008sops/ft1600.pdf

If the turbidity monitoring protocol specified above prevents the collection of accurate data, the person in charge of the turbidity monitoring shall contact the JCP Compliance Officer to establish a more appropriate protocol. Once approved in writing by the Department, the new protocol shall be implemented through an administrative permit modification.

11. The compliance locations given above shall be considered the limits of the temporary mixing zone for turbidity allowed during construction. If at any time monitoring reveals turbidity levels at the compliance sites in the Pinellas County Aquatic Preserve, Boca Ciega Bay Aquatic Preserve or other OFW that are greater than 0 NTU's above background levels at the edge of the designated mixing zone, construction activities shall cease immediately and not resume until corrective measures have been taken, turbidity has returned to acceptable levels and the Department’s JCP Compliance Officer has been notified. For construction activities at the Ft. DeSoto Park Secondary Beach Placement Site (on the southern shoreline of Mullet Key), if turbidity exceedances within the Boca Ciega Bay Aquatic Preserve cause cessation of construction three times for a given placement event, then additional measures shall be taken to protect the seagrass beds located approximately 1 mile east of the fill template.

In that case, for the remainder of the ongoing placement event, construction on the southern shoreline shall be restricted to slack and outgoing tides only. Outside of OFWs, if at any time turbidity at the compliance location exceeds 29 NTU's above background at the edge of the 150-meter mixing zone, construction activities shall cease immediately and not resume until corrective measures have been taken and turbidity has returned to acceptable levels. Any occurrence of water quality violation shall be immediately reported to the JCP Compliance Officer via email at JCPCompliance@dep.state.fl.us and include in the subject line, “TURBIDITY EXCEEDANCE”, and the Project Name and Permit Number. Also notify DEP Southwest District Office within 24 hours of the time the violation is first detected.

Turbidity monitoring reports shall be submitted to the JCP Compliance Officer and DEP Southwest District, with reporting requirements as stipulated below.

Any project-associated turbidity source other than dredging or fill placement (e.g., scow or pipeline leakage) shall be monitored as close to the source as possible. If the turbidity level exceeds the compliance thresholds mentioned above (0 NTUs within the OFW or 29 NTUs outside of the OFW), the construction activities related to the exceedance shall cease immediately and not resume until corrective measures have been taken and www.dep.state.fl.us turbidity has returned to acceptable levels. This turbidity monitoring shall continue every hour until background turbidity levels are restored or until otherwise directed by the Department. The Permittee shall notify the Department, by separate email to the JCP Compliance Officer, of such an event within 24 hours of the time the Permittee first becomes aware of the discharge. The subject line of the email shall state “OTHER

PROJECT-ASSOCIATED DISCHARGE, TURBIDITY EXCEEDANCE”.

a. When reporting a turbidity exceedance, the following information shall also be included:

i. the Project Name;

ii. the Permit Number;

iii. location and level (NTUs above background) of the turbidity exceedance;

iv. the time and date that the exceedance occurred; and

v. the time and date that construction ceased.

b. Prior to re-commencing the construction, a report shall be emailed to the Department with the same information that was included in the “Exceedance Report”, plus the following information:

i. turbidity monitoring data collected during the shutdown documenting the decline in turbidity levels and achievement of acceptable levels;

ii. corrective measures that were taken; and

iii. cause of the exceedance.

12. Turbidity Reports: Water Quality monitoring reports shall be submitted to the JCP Compliance Officer via email at JCPCompliance@dep.state.fl.us and DEP Southwest District Office on a weekly basis within seven days of collection. The data shall be presented in tabular format, indicating the measured turbidity levels at the compliance sites for each depth, the corresponding background levels at each depth and the number of NTUs over background at each depth. Reports shall be submitted under a cover letter containing the following statement: "This information is provided in partial fulfillment of the monitoring requirements in Permit 0157891- 021-BN Tampa Harbor Comprehensive Maintenance Dredging Project." Any exceedances of the turbidity standard (0 NTUs or 29 NTUs above background) shall be highlighted in the table and the cover letter shall summarize any significant compliance issues. Also, please clearly reference permit number 0157891-021-BN on each page of the report. In www.dep.state.fl.us addition to analytical results for samples and quality control, the report should also include:

a. time of day samples were taken;

b. Dates of sampling and analysis;

c. GPS coordinates of sample and source. When possible, coordinates should be provided in decimal degrees with a 5 decimal level of precision (i.e., 0.000001).

Please also indicate the datum;

d. depth of water body;

e. depth of each sample

f. antecedent weather conditions, including wind direction and velocity;

g. tidal stage and direction of flow;

h. water temperature

i. a statement describing the methods used in collection, handling, storage and analysis of the samples

j. a map, overlaid on an aerial photograph, indicating the location of the current construction activity (dredging and discharge), the sampling locations (background and compliance), and the direction of flow. A sample map shall be reviewed and approved by the Department prior to construction;

k. a statement by the individual responsible for implementation of the sampling program concerning the authenticity, precision, limits of detection, calibration of the meter, accuracy of the data and precision of the GPS measurements.

l. When samples cannot be collected, include an explanation in the report. If unable to collect samples due to severe weather conditions, include a copy of a current report from a reliable, independent source, such as an online weather service

Failure to submit monitoring reports in a timely manner constitutes grounds for revocation of the permit.

13. Berthing Areas. Maintenance dredging of berthing areas for the Port of Tampa www.dep.state.fl.us must follow the permit held by the Tampa Port Authority, including the water quality monitoring and disposal specified in permit DEP 29-126458-9 and modification 0190711-001.

GROIN CONSTRUCTION

14. The existing geotextile tube groins shall be surveyed prior to removal in order to identify the precise locations, elevations and azimuths for construction of the replacement geotextile tube groins in the approved permitted position represented in the attached permit drawing.

15. The existing remnant geotextile tube groins shall be emptied of all fill material, completely removed and properly disposed of in an offsite, upland location.

16. Fill ports of the replacement geotextile tube groins shall be sealed with a bolted or epoxy-sealed plate or equivalent.

17. If rock and/or gravel deposits are encountered during dredging operations, the Corps contracting representative will visually assess the material to ensure it is free from excessive silt or organic materials prior to placement into the deep scour hole north of Egmont Key. If the material is found to be unsuitable for disposal in the scour hole, the Corps will place the material in one of the other approved disposal areas such as the

ODMDS.

18. During groin rehabilitation work, if performed by boat or barge, any anchoring shall be conducted in areas where there are no seagrass, algal, hardbottom, or coral communities.

No direct or secondary impacts are authorized to submerged aquatic vegetation, shellfish beds, or hardbottom communities. If any impacts occur, the Permittee shall immediately report the damage to the JCP Compliance Officer and take corrective action to avoid any further damage. Within 30 days of any such damage, the Permittee shall propose a remediation/mitigation plan, which shall be implemented upon approval by the Department.

FISH AND WILDLIFE PROTECTION

For all berthing areas in Big Bend and Port Sutton and the Big Bend Channel and Port Sutton Channels, Specific Conditions 19 –23 shall apply:

19. No clamshell dredging and disposal activities are authorized to occur between dusk and dawn. Movement of a work barge, other associated vessels, or any in-water work shall not be performed after sunset, when the possibility of spotting www.dep.state.fl.us manatees is negligible.

20. No blasting shall occur.

21. Between November 1 and March 31, at least two dedicated protected marine species observers (dedicated observers) shall be present when in-water work is being performed. The dedicated observers shall perform no other duties that may interfere with their ability to observe for protected marine species (such as manatees, marine turtles, dolphins, etc.) during dredging activities.

a. Requirements and procedures for dedicated observers are as follows:

i. Dedicated Observers shall have prior on-the-job experience observing protected marine species (including manatees and marine turtles) during previous dredging events where the activities were similar in nature to this project.

ii. Dedicated Observers shall be outfitted with equipment needed for observation of and for reaction to observed protected marine species (such as binoculars, polarized sunglasses, lights, two-way radios, contact information for dredge operator and contracting officer, etc.).

iii. The Contractor shall immediately shut down project operations upon notification by the dedicated observer (or any on-site project personnel) of the sighting a protected marine animal within the designated safety distance (50-feet) of any in-water construction or vessel activity; or if the detection of a protected marine animal is not possible due to weather or other conditions (such as during fog, rain, wind, etc.).

iv. Dedicated Observers shall maintain a daily log that details sightings, collisions, or injuries to protected marine species (manatees, marine turtles, dolphins, etc.), and actions taken as a result of the sighting, collisions or injuries.

b. The final details of the Marine Species Watch Program (MSWP) shall be submitted to FWC at imperiledspecies@myfwc.com at least ten business days prior to the pre-construction conference. At a minimum, these details shall include:

i. A list of all dedicated observers associated with the project, including:

their names;

their credentials;

www.dep.state.fl.us their qualifications;

their contact information; and a description of their observational experience, including nighttime/daytime experience, type of activity, observation location (such as boat based, land based, etc.), and number and type of protected marine species observed on each project referenced.

ii. A description (including a map) of where the dedicated observers will be located during work (including when tugboats and crew vessels are mooring to the dredge) and how they will cover the areas required. Please note: To maximize visibility, the observers shall be in elevated positions, when possible;

iii. The length of work shifts for the dedicated observers; and

iv. The equipment used to aid in observation and communication, as addressed in Specific Condition 21.a.ii., above.

22. A final report summarizing the dedicated observer logs shall be submitted to FWC at imperiledspecies@myfwc.com no later than 30 days following demobilization of each event. This final report shall include the following:

a. the project name;

b. permit number;

c. names of dedicated observers and their contact information;

d. reporting period;

e. a summary of all sightings, collisions and injuries (in spreadsheet form); and

f. actions taken in response to each sighting, collision or injury.

23. Incident Reporting. If an injured or dead marine mammal or marine turtle is discovered in the vicinity of the project location while mobilized, the following shall occur:

a. All work in the active work zone of the incident, shall cease immediately, and the Permittee (or their designee) shall immediately notify the JCP Compliance Officer (at JCPCompliance@dep.state.fl.us), as well as the applicable agency contacts, listed below.

www.dep.state.fl.us

FWC Wildlife Alert Hotline: 1-888-404-3922 and ImperiledSpecies@myfwc.com (manatees, marine turtles and whales)

NMFS Emergency Stranding Hotline: 1-877-433-8299 (marine turtles, whales and dolphins)

STSSN: SeaTurtleStranding@myfwc.com

b. The Permittee (or their designee) shall maintain contact with the injured or dead animal to the greatest extent practicable until the appropriate authorities (i.e., FWC or NMFS) arrive to retrieve the animal.

c. In the case of a marine turtle take, work may resume while the submitted details and other reports (such as internal FWC rescue or necropsy reports) are assessed by FWC. In the case of a marine mammal take, the Permittee in coordination with the agencies (i.e., FWC, NMFS, and DEP) will determine when work may resume.

d. Details of the incident shall be sent to FWC at ImperiledSpecies@myfwc.com within 24 hours. Information shall include, but not be limited to: a narrative of the incident; photographs/videos of the incident and surrounding environment (if possible); a GPS point where the animal was discovered;

names, titles and contact numbers of all personnel onsite at the time of the incident; and the name, title and contact number for the designated Permittee representative. Additional information may be requested by FWC, and telephone interviews may be required.

e. Once the circumstances have been reviewed, FWC will provide their written determination to the Permittee/Contractor on how to proceed: whether operations can proceed normally; whether modifications to the protective measures are required in order to proceed; or if operations need to cease temporarily due to the need for further investigation. If modifications to the protective measures are required, construction shall not resume until the Corps, FWC, NMFS, FWS and the Department agree to the changes. The Department will determine if a permit modification is required if substantial modifications to protective measures are requested.

Manatee, Marine Turtle, and Shorebird Protection Conditions

24. During all construction authorized by this permit and subsequent to authorization of incidental take by the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (FWS) in accordance with Sections 161.041(5) and 379.2431(1), F.S., the Permittee shall comply with the following conditions intended to protect manatees, marine turtles and shorebirds from direct project effects:

www.dep.state.fl.us

a. All personnel associated with the project shall be instructed about the presence of marine turtles, manatees and manatee speed zones, and the need to avoid collisions with (and injury to) these protected marine species. The Permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act and the Florida Manatee Sanctuary Act and for killing marine turtles, which are protected under the Endangered Species Act and the Florida Marine Turtle Protection Act.

b. All vessels associated with the construction project shall operate at "Idle

Speed/No Wake” at all times while in the immediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels shall follow routes of deep water whenever possible.

c. Siltation or turbidity barriers, if used, shall be made of material in which manatees and marine turtles cannot become entangled, shall be properly secured and shall be regularly monitored to avoid entanglement or entrapment. Barriers must not impede manatee or marine turtle movement.

d. All on-site project personnel shall be responsible for observing water-related activities for the presence of marine turtles and manatees. All in-water operations, including vessels, shall be shut down if a marine turtle or manatee comes within 50 feet of the operation. Activities shall not resume until the animal(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the animal(s) has not reappeared within 50 feet of the operation. Animals shall not be herded away or harassed into leaving.

e. Any collision with, or injury to, a marine turtle or manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922, and to FWC at ImperiledSpecies@myFWC.com.

f. Temporary signs concerning manatees shall be posted prior to and during all in-water project activities. All signs are to be removed by the Permittee upon completion of the project. Temporary signs that have already been approved for this use by the FWC must be used. One sign which reads “Caution Boaters, Watch for Manatees”, must be posted. A second sign measuring at least 8 ½" by 11" explaining the requirements for “Idle Speed/No Wake” and the shutdown of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. One of these signs is attached, and signs already approved by the FWC can be viewed at MyFWC.com/manatee.

Questions concerning these signs can be sent to the email address listed above.

www.dep.state.fl.us

g. All personnel associated with the project shall be instructed about the potential presence of nesting shorebirds and the need to avoid Take of (including disturbance to) these protected species.

h. All vehicles shall be operated in accordance with the FWC’s Best Management Practices for Operating Vehicles on the Beach (http://myfwc.com/conservation/you-conserve/wildlife/beach-driving/).

Specifically, the vehicle must be operated at a speed <6 mph and run at or below the high-tide line.

Fish and Wildlife Protection Conditions for Dredging Activities:

25. Hopper Dredging. In the event a hopper dredge is utilized, the following requirements shall be met in addition to the Terms and Conditions of the applicable NMFS Regional Biological Opinion for Hopper Dredging (Gulf of Mexico):

a. Handling of captured marine turtles shall be conducted only by persons with prior experience and training in these activities, and who are duly authorized to conduct such activities through a valid Marine Turtle Permit issued by FWC, pursuant to Chapter 68E-1, F.A.C., or by an individual who is designated an official marine turtle observer under NMFS requirements and training.

b. Dredging pumps shall be disengaged by the operator, or the draghead bypass value shall be open and in use when the dragheads are not firmly on the bottom, in order to minimize impingement or entrainment of sea turtles within the water column. This precaution is especially important during the cleanup phase of dredging operations.

c. A state-of-the-art rigid deflector draghead shall be used on all hopper dredges, in all channels, at all times of the year.

www.dep.state.fl.us

d. The Sea Turtle Stranding and Salvage Network (STSSN) Coordinator shall be notified at Allen.Foley@myfwc.com at the start-up and completion of hopper dredging operations. In the event of capturing or recovering marine turtles or marine turtle parts, the STSSN shall be contacted at SeaTurtleStranding@myfwc.com.

e. Relocation trawling or non-capture trawling shall be implemented in accordance with the applicable NMFS Biological Opinion and Incidental Take authorization.

Any activity involving the use of nets to harass and/or to capture and handle marine turtles in Florida waters requires a Marine Turtle Permit from FWC.

i. The Permittee or their contractor shall e-mail (MTP@MyFWC.com) weekly reports to the Imperiled Species Management section on Friday each week that trawling is conducted in Florida waters. These weekly reports shall include the species and number of turtles captured in Florida waters, general health, and release information. The Permittee shall provide a summary (on FWC provided Excel spreadsheet) of the following: all trawling activity (including non-capture trawling), all turtles captured in Florida waters, all measurements, the latitude and longitude (in decimal degrees) of captures and tow start-stop points, and times for the start-stop points of the tows (including those tows on which no turtles are captured).